South Carolina General Assembly
115th Session, 2003-2004
Journal of the Senate

Wednesday, March 24, 2004
(Statewide Session)

Indicates Matter StrickenIndicates New Matter

The Senate assembled at 2:00 P.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.

A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, hear words from Ecclesiastes 2:14: "Then I considered all that my hands had done and the toil I had spent in doing it, and again, all was vanity and a chasing after wind."
Let us pray.

Father, many in our world and in many cultures are fighting the devils of despair and cynicism... a "chasing after wind."

Help us to be instruments to lift up their hearts with the words of St. Paul to the Romans (5:3-5) when he said... "knowing that suffering produces endurance, and endurance produces character, and character produces hope, and hope does not disappoint us..."
Amen.

The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.

Motion to Ratify Adopted

At 2:03 P.M., Senator McCONNELL asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at 2:10 P.M.

There was no objection and a message was sent to the House accordingly.

RATIFICATION OF ACTS

Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on March 24, 2004, at 2:10 P.M. and the following Acts and Joint Resolutions were ratified:

(R219, S. 979 (Word version)) -- Senators Ravenel, Kuhn, McConnell, Branton, Mescher and Grooms: AN ACT TO AMEND ACT 722 OF 1976, AS AMENDED, RELATING TO THE WASHINGTON LIGHT INFANTRY AND SUMTER GUARDS BOARD OF OFFICERS, SO AS TO REVISE THE MANNER IN WHICH THE BOARD IS APPOINTED AND TO DESIGNATE ONE MEMBER TO SERVE AS SECRETARY/TREASURER OF THE BOARD.
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(R220, S. 998 (Word version)) -- Senator Moore: AN ACT TO AMEND ACT 178 OF 1995, RELATING TO THE ESTABLISHMENT OF THE BOARD OF ELECTIONS AND REGISTRATION FOR MCCORMICK COUNTY, SO AS TO REQUIRE THE EXECUTIVE DIRECTOR OF THE BOARD, UPON RECOMMENDATION OF THE MCCORMICK COUNTY COUNCIL, BE APPOINTED BY A MAJORITY VOTE OF THE SENATORS AND HOUSE OF REPRESENTATIVE MEMBERS REPRESENTING MCCORMICK COUNTY TO SERVE FOR A TERM OF TWO YEARS; AND TO PROVIDE THAT THE BOARDS OF TRUSTEES OF MCCORMICK AND EDGEFIELD COUNTY SCHOOL DISTRICTS FOR SCHOOL YEAR 2003-2004 ARE AUTHORIZED TO FORGIVE UP TO THREE SCHOOL DAYS MISSED BY ANY SCHOOL OF THE DISTRICTS BECAUSE OF SNOW, ICE, OR EXTREME WEATHER CONDITIONS.
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(R221, H. 4574 (Word version)) -- Rep. Bowers: AN ACT TO AMEND SECTION 7-7-300, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS AND POLLING PLACES IN HAMPTON COUNTY, SO AS TO CHANGE THE LOCATION OF TWO POLLING PLACES.
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(R222, H. 4642 (Word version)) -- Reps. Skelton, Cotty, Loftis, Sinclair, Cato, Simrill, Hayes, Barfield, Limehouse, Whipper, Altman, Anthony, Bailey, Battle, Bingham, Bowers, G. Brown, Ceips, Clark, Davenport, Duncan, Emory, Freeman, Hamilton, Harrell, Harrison, Herbkersman, J. Hines, M. Hines, Keegan, Kirsh, Leach, Mahaffey, Martin, Owens, Perry, Pinson, E.H. Pitts, Rice, Richardson, Scarborough, D.C. Smith, G.M. Smith, G.R. Smith, Stewart, Taylor, Toole, Trotter, Viers, White, Whitmire, Witherspoon, Young, Clemmons and Coates: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-165 SO AS TO PROVIDE THAT THE THIRD FRIDAY IN SEPTEMBER OF EACH YEAR IS DECLARED TO BE "POW/MIA RECOGNITION DAY" IN SOUTH CAROLINA, TO PROVIDE THAT THE GOVERNOR SHALL ISSUE A PROCLAMATION EACH YEAR CALLING UPON THE PEOPLE OF SOUTH CAROLINA TO OBSERVE "POW/MIA DAY" WITH APPROPRIATE CEREMONIES AND ACTIVES, TO PROVIDE THAT THE FLAGS ATOP STATE AND LOCAL PUBLIC BUILDINGS SHALL BE FLOWN AT HALF-STAFF UNTIL NOON ON "POW/MIA RECOGNITION DAY", AND TO PROVIDE FOR THE FLYING OR DISPLAY OF THE "POW/MIA" FLAG ON THIS RECOGNITION DAY.
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(R223, H. 4695 (Word version)) -- Reps. Freeman, Lucas, Jennings and Neilson: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 26, 27, AND 28, 2004, BY THE STUDENTS OF A SCHOOL IN THE CHESTERFIELD COUNTY SCHOOL DISTRICT WHEN THE SCHOOL WAS CLOSED DUE TO ICE OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
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(R225, H. 4707 (Word version)) -- Rep. Hayes: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS MISSED ON JANUARY 26, 27, AND 28, 2004, BY THE STUDENTS OF DILLON COUNTY SCHOOL DISTRICT NOS. 1, 2, AND 3 WHEN THE SCHOOLS WERE CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
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(R226, H. 4937 (Word version)) -- Reps. Vaughn, Allen, Cato, Hamilton, Haskins, Leach, Loftis, Rice, F.N. Smith, G.R. Smith, Taylor, Tripp and Wilkins: A JOINT RESOLUTION TO PROVIDE THAT EACH BOARD OF TRUSTEES OF THE GREENVILLE COUNTY SCHOOL DISTRICT FOR SCHOOL YEAR 2003-2004 IS AUTHORIZED TO FORGIVE UP TO TWO SCHOOL DAYS MISSED BY A SCHOOL OF THE DISTRICT BECAUSE OF SNOW, ICE, OR EXTREME WEATHER CONDITIONS.
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(R227, H. 4844 (Word version)) -- Reps. Richardson, Delleney, Emory, Kirsh, McCraw, Moody-Lawrence and Simrill: AN ACT TO AMEND SECTION 7-7-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN YORK COUNTY, SO AS TO ADD AND REVISE CERTAIN VOTING PRECINCTS IN YORK COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.
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(R228, H. 4883 (Word version)) -- Reps. Neilson, J. Hines and Lucas: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON FEBRUARY 25 AND 26, 2004, BY THE STUDENTS OF A SCHOOL IN THE DARLINGTON COUNTY SCHOOL DISTRICT WHEN THE SCHOOL WAS CLOSED DUE TO ICE OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
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At 2:30 P.M., Senator MOORE requested a leave of absence beginning at 5:00 P.M. for the balance of the day.

Leave of Absence

At 2:35 P.M., Senator FORD requested a leave of absence beginning at 4:00 P.M. for the balance of the day.

Leave of Absence

At 2:35 P.M., Senator FORD requested a leave of absence for Thursday, March 25, 2004.

Leave of Absence

At 2:45 P.M., Senator WALDREP requested a leave of absence beginning at 4:00 P.M. for the balance of the day.

Leave of Absence

At 2:45 P.M., Senator HAWKINS requested a leave of absence beginning at 5:00 P.M. for the balance of the day.

Leave of Absence

At 3:00 P.M., Senator PINCKNEY requested a leave of absence for Thursday, March 25, 2004.

Leave of Absence

At 3:50 P.M., Senator RANKIN requested a leave of absence beginning at 2:45 P.M. for the balance of the day.

RECALLED

H. 4830 (Word version) -- Reps. Littlejohn, Talley, Sinclair and W.D. Smith: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 176 IN SPARTANBURG COUNTY FROM ITS INTERSECTION WITH COUNTRY CLUB ROAD TO THE SPARTANBURG COUNTY-UNION COUNTY LINE IN HONOR OF RETIRED SOUTH CAROLINA SUPREME COURT CHIEF JUSTICE CAMERON BRUCE LITTLEJOHN, AND TO ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS STRETCH OF HIGHWAY CONTAINING THE WORDS "BRUCE LITTLEJOHN BOULEVARD".

Senator RITCHIE asked unanimous consent to make a motion to recall the Resolution from the Committee on Transportation.

There was no objection.

The Resolution was recalled from the committee and ordered placed on the Calendar for consideration tomorrow.

RECALLED

H. 4614 (Word version) -- Rep. Frye: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO NAME A PORTION OF SOUTH CAROLINA HIGHWAY 39 IN SALUDA COUNTY THE "UNCLE BILL EARGLE MEMORIAL HIGHWAY" AND TO INSTALL APPROPRIATE MARKERS CONTAINING THE WORDS "UNCLE BILL EARGLE MEMORIAL HIGHWAY".

Senator CROMER asked unanimous consent to make a motion to recall the Resolution from the Committee on Transportation.

There was no objection.

The Resolution was recalled from the committee and ordered placed on the Calendar for consideration tomorrow.

RECALLED AND READ THE SECOND TIME

H. 4748 (Word version) -- Reps. Harvin and G.M. Smith: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 26, 27, 28, 29, AND 30, 2004, BY THE STUDENTS OF A SCHOOL IN SCHOOL DISTRICT NOS. 1, 2, AND 3 OF CLARENDON COUNTY WHEN THE SCHOOL WAS CLOSED DUE TO ICE OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

Senator LAND asked unanimous consent to make a motion to recall the Joint Resolution from the Committee on Transportation.

There was no objection.

The Resolution was recalled from the committee.

The Senate proceeded to a consideration of the Joint Resolution, the question being the second reading of the Joint Resolution.

On motion of Senator LAND, with unanimous consent, the Joint Resolution was read the second time.

H. 4748--Ordered to a Third Reading

On motion of Senator LAND, with unanimous consent, H. 4748 was ordered to receive a third reading on Thursday, March 25, 2004.

RECALLED AND ADOPTED

S. 1076 (Word version) -- Senator Land: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THAT PORTION OF SOUTH CAROLINA HIGHWAY 6 WHICH TRAVERSES THE CORPORATE LIMITS OF THE TOWN OF SAINT MATTHEWS IN CALHOUN COUNTY AS THE T. M. "BABE" NELSON MEMORIAL HIGHWAY IN HONOR OF THE LATE T. M. "BABE" NELSON IN RECOGNITION OF HIS DISTINGUISHED SERVICE TO HIS NATION, STATE, THE TOWN OF SAINT MATTHEWS, HIS CHURCH, AND THE CALHOUN COUNTY DEMOCRATIC PARTY AND FURTHER TO REQUEST THE DEPARTMENT TO INSTALL APPROPRIATE MARKERS OR SIGNS CONTAINING THIS DESIGNATION ON HIGHWAY 6 AT THE MUNICIPAL BOUNDARIES OF THE TOWN OF SAINT MATTHEWS IN RECOGNITION OF THE COMMUNITY AND PUBLIC SERVICE OF THIS DISTINGUISHED SON OF SOUTH CAROLINA.

Senator LAND asked unanimous consent to make a motion to recall the Resolution from the Committee on Transportation.

There was no objection.

The Resolution was recalled from the committee.

The Senate proceeded to a consideration of the Resolution, the question being the adoption of the Resolution.

On motion of Senator LAND, with unanimous consent, the Concurrent Resolution was adopted, ordered returned to the House.

RECALLED AND ADOPTED

H. 3170 (Word version) -- Reps. Cobb-Hunter and J.H. Neal: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF NATURAL RESOURCES NAME THE LAKE MARION BOAT CHANNEL, COMMONLY KNOWN AS THE "SAFE CHANNEL", RUNNING EASTERLY FROM THE VICINITY OF THE BRICKYARD, THEN NORTHERLY ACROSS LAKE MARION TO THE VICINITY OF ABUND ISLAND IN OR NEAR THE SANTEE NATIONAL WILDLIFE REFUGE, AND THEN NORTHEASTERLY TO THE VICINITY OF THE MOUTH OF WYBOO CREEK, AS THE "DANNY BELL BOAT CHANNEL" IN HONOR OF THE LATE DANNY BELL OF EUTAW SPRINGS, AND INSTALL APPROPRIATE SIGNS, MARKERS, OR BUOYS.

Senator LAND asked unanimous consent to make a motion to recall the Resolution from the Committee on Transportation.

There was no objection.

The Resolution was recalled from the committee.

The Senate proceeded to a consideration of the Resolution, the question being the adoption of the Resolution.

On motion of Senator LAND, with unanimous consent, the Concurrent Resolution was adopted, ordered returned to the House.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1095 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 11-35-3030, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BONDS AND OTHER SECURITY FOR PERFORMANCE OF A CONSTRUCTION CONTRACT PURSUANT TO THE CONSOLIDATED PROCUREMENT CODE, SO AS TO REQUIRE A DETERMINATION OF UNSATISFACTORY PROGRESS BEFORE A RETAINAGE MAY BE WITHHELD FROM THE CONTRACTOR AND TO PROVIDE THAT THE PRIME CONTRACTOR MAY WITHHOLD ONLY A PROPORTIONATE AMOUNT FROM HIS SUBCONTRACTOR.
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Read the first time and referred to the Committee on Finance.

S. 1096 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 11-35-3040, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTRACT CLAUSES IN CONSTRUCTION AGREEMENTS SUBJECT TO THE CONSOLIDATED PROCUREMENT CODE, SO AS TO PROHIBIT A CLAUSE THAT DOES NOT ALLOW PAYMENT OF DAMAGES CAUSED BY DELAY.
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Read the first time and referred to the Committee on Finance.

S. 1097 (Word version) -- Senator McGill: A SENATE RESOLUTION TO RECOGNIZE AND HONOR THE ANDREWS HIGH SCHOOL "YELLOW JACKETS" VARSITY GIRLS' BASKETBALL TEAM ON THEIR WINNING SEASON AND BECOMING THE RUNNER-UP IN THE STATE AA CHAMPIONSHIP GAME.
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S. 1099 (Word version) -- Senators Pinckney, Ford, Kuhn and Ravenel: A SENATE RESOLUTION TO HONOR AND EXTEND SINCERE BEST WISHES TO MR. WILLIAM SEABROOK, SR. ON THE OCCASION OF HIS ONE HUNDREDTH BIRTHDAY ON MARCH 31, 2004, AND WISH HIM CONTINUED GOOD HEALTH AND MUCH HAPPINESS.
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The Senate Resolution was adopted.

S. 1100 (Word version) -- Senator Drummond: A BILL TO AMEND ACT 1147 OF 1968, AS AMENDED, RELATING TO THE GREENWOOD COUNTY CAREER CENTER, SO AS TO RENAME THE CENTER THE G. FRANK RUSSELL CAREER CENTER.
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Read the first time and ordered placed on the Local and Uncontested Calendar.

S. 1101 (Word version) -- Senator McGill: A CONCURRENT RESOLUTION TO CONGRATULATE MRS. LUCY ROWE OF THE PLEASANT HILL COMMUNITY IN GEORGETOWN COUNTY UPON THE OCCASION OF HER NINETIETH BIRTHDAY AND TO EXTEND TO HER BEST WISHES FOR MANY MORE HAPPY BIRTHDAYS TO COME.
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The Concurrent Resolution was adopted, ordered sent to the House.

H. 4797 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 56-1-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF BEGINNER'S PERMITS, SO AS TO PROVIDE THAT A STUDENT WHO IS FIFTEEN YEARS OF AGE ENROLLED IN A HIGH SCHOOL DRIVER'S TRAINING COURSE IS NOT REQUIRED TO OBTAIN A BEGINNER'S PERMIT TO OPERATE A MOTOR VEHICLE; AND TO REPEAL SECTION 56-5-6140 RELATING TO THE DEPARTMENT OF MOTOR VEHICLES PROVIDING A COPY OF MOVING VIOLATION CHARGES AGAINST A PERSON UNDER THE AGE OF EIGHTEEN TO THE OWNER OF THE VEHICLE USED DURING THE VIOLATION.

Read the first time and referred to the Committee on Transportation.

H. 4798 (Word version) -- Rep. Townsend: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-19-265 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ACCEPT ELECTRONICALLY FILED LIEN INFORMATION FOR NEWLY ACQUIRED VEHICLES, VEHICLES ALREADY TITLED, AND LIEN RELEASES; TO PROVIDE A FEE FOR COMMERCIAL PARTIES WHO TRANSMIT OR RETRIEVE DATA FROM THE DEPARTMENT, AND TO PROVIDE FOR THE COLLECTION AND DISBURSEMENT OF THIS FEE.

Read the first time and referred to the Committee on Transportation.

H. 4982 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO DETERMINATION OF RATES OF TUITION AND FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2844, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Read the first time and referred to the Committee on Education.

H. 4983 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO REQUIREMENTS FOR ADDITIONAL AREAS OF CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2876, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Senator MESCHER from the General Committee submitted a favorable report on:

S. 923 (Word version) -- Senator Hawkins: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO MAKE THE FEDERAL TAX CUTS PERMANENT.

Ordered for consideration tomorrow.

Senator MESCHER from the General Committee submitted a favorable report on:

S. 925 (Word version) -- Senator Hawkins: A CONCURRENT RESOLUTION TO REQUEST THAT OUR UNITED STATES SENATORS WORK TO ALLOW A TIMELY VOTE ON THE FLOOR OF THE UNITED STATES SENATE ON ALL JUDICIAL NOMINATIONS.

Ordered for consideration tomorrow.

Senator GIESE from the Committee on Education submitted a favorable with amendment report on:

S. 1015 (Word version) -- Senators Anderson, Glover, Ford, Matthews and Patterson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-29-250 SO AS TO PROVIDE FOR AT LEAST TWO HOURS OF INSTRUCTION IN AN EXPLANATION OF THE CRIME OF LYNCHING AND THE PENALTIES IN EIGHTH THROUGH TWELFTH GRADES IN THE PUBLIC SCHOOLS OF THE STATE.

Ordered for consideration tomorrow.

Senator MESCHER from the General Committee submitted a favorable report on:

S. 1070 (Word version) -- Senator Grooms: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-165 SO AS TO DESIGNATE THE FIRST WEEK IN JUNE OF EACH YEAR AS SOUTH CAROLINA STATE GUARD WEEK IN SOUTH CAROLINA.

Ordered for consideration tomorrow.

H. 4272--CONFERENCE COMMITTEE APPOINTED

H. 4272 (Word version) -- Reps. Hinson, Altman, Breeland, R. Brown, Dantzler, Gourdine, Hagood, Harrell, Limehouse, Mack, Merrill, Miller, Scarborough, Umphlett and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-3-85 SO AS TO ALTER THE LINES OF BERKELEY AND CHARLESTON COUNTIES BY ANNEXING A CERTAIN PORTION OF CHARLESTON COUNTY TO BERKELEY COUNTY AND MAKE PROVISIONS FOR LEGAL RECORDS.

Whereupon, Senators HUTTO, RITCHIE, and RICHARDSON were appointed to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

Message from the House

Columbia, S.C., March 24, 2004

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

S. 154 (Word version) -- Senator Giese: A BILL TO AMEND SECTION 59-25-115, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN APPLICANT FOR INITIAL EDUCATION CERTIFICATION BEING REQUIRED TO UNDERGO A STATE FINGERPRINT REVIEW, SO AS TO REVISE THE TIME WHEN THE APPLICANT SHALL UNDERGO THE REVIEW, THE MANNER OF THE REVIEW, AND THE INDIVIDUALS TO WHOM THIS PROVISION APPLIES.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., March 24, 2004

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

H. 3528 (Word version) -- Reps. Sheheen, Delleney, Toole, Altman, Haskins, Coates and Viers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 44-63-50 AND 44-63-55 SO AS TO REQUIRE THAT A FETAL DEATH CERTIFICATE BE COMPLETED FOR EACH FETAL DEATH OCCURRING AFTER A GESTATIONAL PERIOD OF TWENTY WEEKS OR MORE AND TO REQUIRE A CERTIFICATE OF BIRTH RESULTING IN STILLBIRTH TO BE COMPLETED FOR EACH FETAL DEATH OCCURRING AFTER A GESTATIONAL PERIOD OF TWENTY WEEKS OR MORE AND TO FURTHER PROVIDE SPECIFICS FOR COMPLETION AND FILING OF THESE CERTIFICATES.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., March 24, 2004

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

H. 4615 (Word version) -- Reps. Owens, Anthony, Cato, Loftis, Rice, Sandifer, Duncan, Simrill, Hamilton, Leach, Littlejohn, Mahaffey, McCraw, McLeod, Moody-Lawrence, M.A. Pitts, Phillips, Skelton, Stille, Taylor, Vaughn and Whitmire: A BILL TO AMEND SECTION 6-23-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTRACTS TO BUY POWER BETWEEN A JOINT POWER AND ENERGY AGENCY AND ITS CONSTITUENT MUNICIPALITIES, SO AS TO PROVIDE FOR THE EXTENSION OF CONTRACTS TO BUY POWER BEYOND THE ORIGINAL FIFTY-YEAR LIMIT WHEN THE DATE OF OPERATION OF THE ELECTRICAL UTILITY AGENT IS EXTENDED BY ALL AGENCIES HAVING JURISDICTION OVER SUCH AN EXTENSION.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

HOUSE CONCURRENCE

S. 1068 (Word version) -- Senators Hayes, Gregory, Peeler and Short: A CONCURRENT RESOLUTION RECOGNIZING YORK COUNTY FOR IT'S MANY ACCOMPLISHMENTS AND DECLARING MARCH 30, 2004, "YORK COUNTY DAY".

Returned with concurrence.

Received as information.

THIRD READING BILL

The following Bill was read the third time and ordered sent to the House of Representatives:

S. 852 (Word version) -- Senator McGill: A BILL TO AMEND SECTIONS 9-1-10 AND 9-11-10, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE POLICE OFFICERS RETIREMENT SYSTEM, RESPECTIVELY, SO AS TO PROVIDE THAT THE DEFINITION OF "PUBLIC SERVICE" INCLUDES PAID SERVICE RENDERED AS AN EMPLOYEE OF A POSTSECONDARY PUBLIC TECHNICAL COLLEGE OR PUBLIC JUNIOR COLLEGE, OR A PUBLIC FOUR-YEAR OR POSTGRADUATE INSTITUTION OF HIGHER EDUCATION, WHILE THE MEMBER WAS A STUDENT AT THAT INSTITUTION.

Senator McGILL asked unanimous consent to give the Bill a third reading and order the Bill sent to the House.

SECOND READING BILL

The following Joint Resolution, having been read the second time, was ordered placed on the Third Reading Calendar:

H. 4961 (Word version) -- Reps. Talley and Lee: A JOINT RESOLUTION TO AMEND ACT 761 OF 1964, RELATING TO THE CREATION OF THE ARKWRIGHT AREA FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO ADD TWO ADDITIONAL MEMBERS TO ITS BOARD OF FIRE CONTROL WHO BOTH SHALL SERVE FOR A TERM OF SIX YEARS.

Senator HAWKINS asked unanimous consent to give the Joint Resolution a second reading.

There was no objection.

CONSIDERATION INTERRUPTED

S. 356 (Word version) -- Senator Hutto: A BILL TO AMEND CHAPTER 1 OF TITLE 56 OF THE 1976 CODE BY ADDING SECTION 56-1-205 TO PROVIDE THAT THE DEPARTMENT, UPON REQUEST, MUST PLACE A NOTATION ON AN APPLICANT'S DRIVER'S LICENSE THAT THE APPLICANT IS HEARING IMPAIRED AND IF THE APPLICANT SUFFERS HEARING LOSS OF FORTY DECIBELS OR MORE; AND TO AMEND CHAPTER 3 OF TITLE 56 BY ADDING SECTION 56-3-1930 TO PROVIDE FOR IDENTIFICATION PLACARDS FOR HEARING IMPAIRED DRIVERS.

The House returned the Bill with amendments.

The Senate proceeded to a consideration of the Bill, the question being concurrence in the House amendments.

Senator McCONNELL argued contra to concurrence in the House amendments.

Senator KNOTTS argued contra to concurrence in the House amendments.

Point of Quorum

At 3:40 P.M., Senator FORD made the point that a quorum was not present. It was ascertained that a quorum was not present.

In the absence of a quorum, Senator McCONNELL moved that the Senate stand adjourned.

Senator FAIR recorded his presence subsequent to the Call of the Senate.

Senator KNOTTS resumed arguing contra to concurrence in the House amendments.

On motion of Senator LEATHERMAN, with unanimous consent, consideration was interrupted, with Senator KNOTTS retaining the floor.

MOTION ADOPTED

On motion of Senator WALDREP, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mrs. Annie Laurie Welborn of Anderson, S.C., beloved wife, mother, circuit court reporter, and later a paralegal.

ADJOURNMENT

At 5:32 P.M., on motion of Senator LEATHERMAN, the Senate adjourned to meet tomorrow at 11:00 A.M.

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